Sruthi.E.G vs Samesh.K

Type Court Judgment Court Kerala Decided Oct 28, 2022

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Citation: sooperkanoon.com/1447343
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Oct 28, 2022
Case Number: Mat.Appeal/116/2021

Parties & Advocates

Appellant / Petitioner

Sruthi.E.G

Respondent

Samesh.K

Excerpt

.....with the respondent herein- husband on 23.05.2013 as per the customary rites and ceremonies. that original petition ended in dismissal by thejudgment and decree dated 07.02.2019, which is underchallenge in this appeal, invoking the provisions under section 19 of the family courts act.2. despite receipt of consolidated notice, none appears for the respondent. on 15.03.2021, this court condoned the delay of 646 days in filing the appeal and thereafter the appeal was admitted on 18.03.2021.3. today, when the matter is taken up forconsideration the learned counsel for the petitioner would submit that during the pendency of this appeal both parties have filed o.p.no.578 of 2022 before the family court, kannur, a joint petition under section 13b of the hindu marriage act, seeking a decree of divorce on mutual consent. that original petition was allowed by the judgment and decree dated 18.05.2022. in such circumstances, this appeal is disposed of taking note of the fact that a decree of divorce by mutual consent has been granted by the family court, kannur, in o.p.no.578 of 2022, whereby the marriage solemnised between the appellant and respondent on 23.05.2013 stands dissolved, with effect from 18.05.2022. anil k. narendran, p.g. ajithkumar, bkn/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR FRIDAY, THE 28TH DAY OF OCTOBER 2022/6TH KARTHIKA, 1944 MAT.APPEAL NO.116 OF 2021 AGAINST THE JUDGMENT DATED 07.02.2019 IN OP 697 OF 2016 OF THE FAMILY COURT, KANNUR
APPELLANT/PETITIONER: SRUTHI.E.G, AGED 29 YEARS D/O.GOPINATHAN, RESIDING AT ELAVUNKAL HOUSE, PARAVOOR, P.O.PANAPPUZHA, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV MINI.V.A. RESPONDENT/RESPONDENT: SAMESH.K, AGED 35 YEARS S/O.KUMARAN, RESIDING AT KULATHUNKAL HOUSE, THEKKAN MANAL, P.O.CHALAD, KANNUR DISTRICT, PIN-670 014. THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 28.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran J. The appellant has filed O.P.No.697 of 2016 before the Family Court, Kannur, seeking a decree of divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act to dissolve the marriage solemnised with the respondent herein- husband on 23.05.2013 as per the customary rites and ceremonies. That original petition ended in dismissal by the

judgment and decree dated 07.02.2019, which is under

challenge in this appeal, invoking the provisions under Section 19 of the Family Courts Act.

2. Despite receipt of consolidated notice, none appears for the respondent. On 15.03.2021, this Court condoned the delay of 646 days in filing the appeal and thereafter the appeal was admitted on 18.03.2021.

3. Today, when the matter is taken up for

consideration the learned counsel for the petitioner would submit that during the pendency of this appeal both parties have filed O.P.No.578 of 2022 before the Family Court, Kannur, a joint petition under Section 13B of the Hindu Marriage Act, seeking a decree of divorce on mutual consent. That original petition was allowed by the judgment and decree dated 18.05.2022. In such circumstances, this appeal is disposed of taking note of the fact that a decree of divorce by mutual consent has been granted by the Family Court, Kannur, in O.P.No.578 of 2022, whereby the marriage solemnised between the appellant and respondent on 23.05.2013 stands dissolved, with effect from 18.05.2022. ANIL K. NARENDRAN, P.G. AJITHKUMAR, bkn/-

Same Court & Year Kerala · 2022 Same Parties Sruthi.E.G vs Samesh.K Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...